BWA has recently sent out an email outlining their “expectations” to do with taking your annual leave and have begun communicating with people about a three week Christmas Shutdown for “non-essential” areas between the 21st December 2020 and 8th January 2021.
We’ve had many questions from members about this issue already and want to make sure that everyone is aware of their rights under the Enterprise Agreement. Regardless of what BWA might “expect” or “need” you to do with your leave, there are rules about when they can and can’t direct you to take leave.
We’ve written to BWA about the way they’re handling both matters. Our letter is here for you to read, and we’ll be sure to keep members in the loop.
If you’re under pressure to submit leave that you’re uncomfortable about, CONTACT YOUR UNION ON 1300 366 378 – we can help.
ANNUAL LEAVE: YOUR RIGHTS
Direction to take annual leave where more than 6 weeks is accrued:
- If you’re directed to take leave, BWA must try to reach agreement with you about when and how. This means that your personal circumstances must be considered. BWA must give colleagues 3 months’ notice in writing of the requirement to take leave. Contact the union for support in this circumstance.
- You cannot be directed to take leave if it would push your final balance below 4 weeks.
Direction to take a two-week period of leave:
- BWA may direct a colleague to take annual leave of at least two consecutive working weeks in each calendar year.
- If you’re directed to take leave, BWA must try to reach agreement with you about when and how. This means that your personal circumstances must be considered. BWA must give colleagues 3 months’ notice in writing of the requirement to take leave. Contact the union for support in this circumstance.
- You cannot be directed to take leave unless you have sufficient leave accrued.
CHRISTMAS SHUTDOWNS: YOUR RIGHTS
This clause was added on the basis of retail branches shutting down for “a day or days in between Christmas and New Year”. It was never intended for weeks of shutdown. If you’re not in agreement with the bank using this provision to close down workplaces for extended periods, contact the union on 1300 366 378.
- BWA can direct you to use your leave for a Shutdown. BWA must give the colleagues six weeks’ notice of the commencement of the leave.
- BWA shall not give a direction if the colleague does not have sufficient annual leave credit to cover the period of the shutdown. BWA would either have to find work for you to do, or pay you for the shutdown period.
BWA’s emails also ask colleagues to take their Long Service Leave yearly, which is not something they can direct. They can ask, but you don’t have to agree. If you’re being pressured to take your LSL, contact the FSU immediately.
BWA’s communications give the impression that they can require you to take all your leave, every year. This isn’t the case. We urge you to forward this email to your colleagues so that they know their rights.
If you have more questions or specific concerns, please call our Member Rights Centre on 1300 366 378.
